How much money was awarded in case 5113788?

Filing Fee: $27.00 awarded to landlord; Previous Order Application 5000828 D…: $1,549.14 awarded to landlord; Property Damage: $69.00 awarded to landlord; Rent Arrears: $2,142.86 awarded to landlord

What type of tenancy dispute was case 5113788?

The primary dispute was Rent arrears. Related themes: Property damage.

Where can I read the official tribunal order for case 5113788?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11589949-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 5113788?

Filing Fee: $27.00 awarded to landlord; Previous Order Application 5000828 D…: $1,549.14 awarded to landlord; Property Damage: $69.00 awarded to landlord; Rent Arrears: $2,142.86 awarded to landlord

What type of tenancy dispute was case 5113788?

The primary dispute was Rent arrears. Related themes: Property damage.

Where can I read the official tribunal order for case 5113788?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11589949-Tenancy_Tribunal_Order.pdf.

29A Phillip Street, Victoria, Rotorua 3010 Tenancy Tribunal Case 5113788 — Rent arrears

Q: What was the outcome of Tenancy Tribunal case 5113788?

The tribunal order states: Tahlie Pearce and Tuhiwai Warren must pay Russell Hardie Limited As Agent

Order

Claims and awards in Tenancy Tribunal application 5113788 — net $1,388.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears 9/11/2024-3/12/2024	$2,142.86	Rent arrears 9/11/2024-3/12/2024
Previous order application 5000828 dated 08/11/2024	$1,549.14	Previous order application 5000828 dated 08/11/2024
Repairs – bedroom wall	$69.00	Repairs – bedroom wall
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,388.00
Total payable by Tenant to Landlord	$1,388.00

Tahlie Pearce and Tuhiwai Warren must pay Russell Hardie Limited As Agent For Stewart Holdings (1970) Limited $1,388.00 immediately, calculated as shown in the table below.

This order incorporates the Tribunal order made on 8 November 2024 under application 5000828.

The Bond Centre is to pay the bond of $2,400.00 (5703965-009) to Russell Hardie Limited As Agent For Stewart Holdings (1970) Limited immediately. DescriptionLandlord Rent arrears 9/11/2024-3/12/2024$2,142.86 Previous order application 5000828 dated 08/11/2024$1,549.14 Repairs – bedroom wall$69.00 Filing fee reimbursement$27.00 Total award$3,788.00 Minus Bond$2,400.00 Total payable by Tenant to Landlord$1,388.00

Reasons

Only the applicant landlord attended the hearing which took place by teleconference. The tenants were called on the numbers provided but there was no response.

The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

On 8 November 2024 the Tribunal made an order relating to this tenancy, for rent arrears to 8 November 2024 and reimbursement of filing fee. The previous order is incorporated into this order for enforcement purposes.

How much is owed for rent?

The tenancy ended on 3 December 2024. The landlord provided rent records which prove the amount owing from 9 November 2024 to 3 December 2024

Did the tenant comply with their obligations at the end of the tenancy?

At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.

The landlord claimed that the tenant did not leave the premises reasonably clean and tidy, and sought payment of $212.75 for cleaning. The landlord provided entry and exit photographs and an invoice for the cleaning.

It is not always easy to define what "reasonably clean and tidy" means. However, a tenant is not required to leave a property immaculate or even in a condition where the landlord would be happy to rent it out to a new tenant. What is required is that premises including the stove and bathroom fittings are cleaned and all personal items removed. The Tribunal also considers the age and condition of the premises and does not expect premises in an aged condition to look like new. It is common that a landlord wishes to clean to an extra level so that they can re-tenant the premises, that is a business decision that a landlord makes at their cost.

The landlord provided copies of exit inspection photographs and it is evident from these that the premises were cleaned at the end of the tenancy. The invoice provided refers to some minor matters including but not limited to rehanging curtains in one room, cleaning underneath the stove elements and the laundry shelves but upon consideration of the entry photographs I am not satisfied that these looked much different at the commencement of the tenancy. Having considered the photographs I find that the landlord has not proved on the balance of probabilities that the premises were not left reasonably clean and tidy having regard to the condition of the premises at the beginning of the tenancy.

Is the tenant responsible for the damage to the premises?

A landlord must prove that damage to the premises occurred during the tenancy and is more than fair wear and tear. If this is established, to avoid liability, the tenant must prove they did not carelessly or intentionally cause or permit the damage. Tenants are liable for the actions of people at the premises with their permission. See sections 40(2)(a), 41 and 49B RTA.

Where the damage is caused carelessly, and is covered by the landlord's insurance, the tenant's liability is limited to the lesser of the insurance excess or four weeks' rent (or four weeks' market rent in the case of a tenant paying income-related rent). See section 49B(3)(a) RTA.

The following damage was caused during the tenancy: Damage to paintwork in the end bedroom where stick on hooks were removed. The landlord proved entry and exit photographs proving that the damage occurred during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered are proved. An invoice has been provided. The amount ordered is less than the landlord’s insurance excess.

Because Russell Hardie Limited As Agent For Stewart Holdings (1970) Limited has substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 5113788 — net $1,388.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears 9/11/2024-3/12/2024	$2,142.86	Rent arrears 9/11/2024-3/12/2024
Previous order application 5000828 dated 08/11/2024	$1,549.14	Previous order application 5000828 dated 08/11/2024
Repairs – bedroom wall	$69.00	Repairs – bedroom wall
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$1,388.00
Total payable by Tenant to Landlord	$1,388.00

Order

Tahlie Pearce and Tuhiwai Warren must pay Russell Hardie Limited As Agent For Stewart Holdings (1970) Limited $1,388.00 immediately, calculated as shown in the table below.
This order incorporates the Tribunal order made on 8 November 2024 under application 5000828.
The Bond Centre is to pay the bond of $2,400.00 (5703965-009) to Russell Hardie Limited As Agent For Stewart Holdings (1970) Limited immediately. DescriptionLandlord Rent arrears 9/11/2024-3/12/2024$2,142.86 Previous order application 5000828 dated 08/11/2024$1,549.14 Repairs – bedroom wall$69.00 Filing fee reimbursement$27.00 Total award$3,788.00 Minus Bond$2,400.00 Total payable by Tenant to Landlord$1,388.00

Reasons

Only the applicant landlord attended the hearing which took place by teleconference. The tenants were called on the numbers provided but there was no response.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
On 8 November 2024 the Tribunal made an order relating to this tenancy, for rent arrears to 8 November 2024 and reimbursement of filing fee. The previous order is incorporated into this order for enforcement purposes.

How much is owed for rent?

The tenancy ended on 3 December 2024. The landlord provided rent records which prove the amount owing from 9 November 2024 to 3 December 2024

Did the tenant comply with their obligations at the end of the tenancy?

At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The landlord claimed that the tenant did not leave the premises reasonably clean and tidy, and sought payment of $212.75 for cleaning. The landlord provided entry and exit photographs and an invoice for the cleaning.
It is not always easy to define what "reasonably clean and tidy" means. However, a tenant is not required to leave a property immaculate or even in a condition where the landlord would be happy to rent it out to a new tenant. What is required is that premises including the stove and bathroom fittings are cleaned and all personal items removed. The Tribunal also considers the age and condition of the premises and does not expect premises in an aged condition to look like new. It is common that a landlord wishes to clean to an extra level so that they can re-tenant the premises, that is a business decision that a landlord makes at their cost.
The landlord provided copies of exit inspection photographs and it is evident from these that the premises were cleaned at the end of the tenancy. The invoice provided refers to some minor matters including but not limited to rehanging curtains in one room, cleaning underneath the stove elements and the laundry shelves but upon consideration of the entry photographs I am not satisfied that these looked much different at the commencement of the tenancy. Having considered the photographs I find that the landlord has not proved on the balance of probabilities that the premises were not left reasonably clean and tidy having regard to the condition of the premises at the beginning of the tenancy.

Is the tenant responsible for the damage to the premises?

A landlord must prove that damage to the premises occurred during the tenancy and is more than fair wear and tear. If this is established, to avoid liability, the tenant must prove they did not carelessly or intentionally cause or permit the damage. Tenants are liable for the actions of people at the premises with their permission. See sections 40(2)(a), 41 and 49B RTA.
Where the damage is caused carelessly, and is covered by the landlord's insurance, the tenant's liability is limited to the lesser of the insurance excess or four weeks' rent (or four weeks' market rent in the case of a tenant paying income-related rent). See section 49B(3)(a) RTA.
The following damage was caused during the tenancy: Damage to paintwork in the end bedroom where stick on hooks were removed. The landlord proved entry and exit photographs proving that the damage occurred during the tenancy. The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered are proved. An invoice has been provided. The amount ordered is less than the landlord’s insurance excess.
Because Russell Hardie Limited As Agent For Stewart Holdings (1970) Limited has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 5113788 — Rent arrears at 29A Phillip Street, Victoria, Rotorua 3010

At a glance

Tenancy Tribunal case 5113788 — Rent arrears at 29A Phillip Street, Victoria, Rotorua 3010

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Did the tenant comply with their obligations at the end of the tenancy?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Did the tenant comply with their obligations at the end of the tenancy?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions